bench of Justices SS Sundar and N Senthil Kumar granted three months to the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) to investigate the assets of police and Revenue personnel posted in Thoothukudi in 2018 at the time of the police firing at the Sterlite copper plant there that killed 13 unarmed people

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Madras High Court on mission to ensure Thoothukudi Sterlite firing doesn’t recur

Justices SS Sunder and N Senthil Kumar said they decided to take up the case as a “mission” to ensure that such an incident was never repeated.

Madrad HC, Vedanta Sterlite Thoothukudi

Madrad HC, Vedanta Sterlite Thoothukudi

Ayesha Arvind

Published on: 

29 Jul 2024, 8:37 pm

2 min read

The Madras High Court on Monday said that it decided to take up the hearing on a petition seeking re-opening of the probe into the Thoothukudi Sterlite Firing as a “mission” to ensure that such an incident was never repeated.

A bench of Justices SS Sundar and N Senthil Kumar granted three months to the Tamil Nadu Directorate of Vigilance and Anti-Corruption (DVAC) to investigate the assets of police and Revenue personnel posted in Thoothukudi in 2018 at the time of the police firing at the Sterlite copper plant there that killed 13 unarmed people.

The Court granted the time following a request made by Additional Advocate General J Ravindran.

The Court also said the DVAC must conduct a fair and independent probe.

 Justice SS Sundar and  Justice N Senthil Kumar

Justice SS Sundar and Justice N Senthil Kumar

“Monetary aid will not compensate the loss of human lives. One individual was able to do all these things. It should not recur. That is why we have taken up this mission,” the Court said.

The Court was hearing a petition filed by activist Henri Tiphagne seeking directions to reopen the probe into the incident by the National Human Rights Commission (NHRC).

The probe by NHRC was closed on October 25, 2018.

Tiphagne had filed the petition in 2021 challenging the NHRC’s decision to abruptly close its suo motu probe into the incident.

The 2018 protests were against the Sterlite Copper plant, a unit of Vedanta Limited. The Sterlite plant was the largest copper smelter in the country until its closure in 2018. At the time of the incident, the protestors had been demanding that the plant be shut down as it was causing environmental damage to the area.

During the previous hearing on July 15, the bench had said that the firing by the police on unarmed protestors was carried out at the behest of “one industrialist,”.

The Court had then directed the DVAC to begin a probe into the assets accumulated by the police and Revenue officials posted in Thoothukudi at the time.

Madras High Court

DVAC

Thoothukudi

Justice SS Sundar

Sterlite Copper

Justice N Senthil Kumar

2018 Sterlite firing

News

IAMC, CIETAC and AIADR unite to host the 1st Asia ADR Summit; Sign MOUs for Enhanced Regional Cooperation

These Memoranda of Understanding mark an important move towards building a more unified and strong global ADR community.

Sitesh Mukherjee, CEO, IAMC Hyderabad; Datuk Roger Chin, Council Member, BICAM; Tariq Khan, Registrar, IAMC Hyderabad; Ma Asha Luthfee, Board Member, MIAC; Vinay Kumar Sanduja, Registrar, IIAC

Bar & Bench

Published on: 

29 Jul 2024, 9:37 pm

3 min read

The first Asia ADR Summit, a two-day event organized by the International Arbitration and Mediation Centre (IAMC) Hyderabad was in collaboration with the Asian Institute of Alternative Dispute Resolution (AIADR) and the China International Economic and Trade Arbitration Commission (CIETAC).

The summit was a first-of-its-kind event which brought together leaders, visionaries and innovators to shape the future of Alternative Dispute Resolution (ADR) in Asia.

In a significant move to encourage cross-border dispute resolution, IAMC Hyderabad signed a Memorandum of Understanding (MoUs) on July 26, 2024, with four prominent institutes: Borneo International Centre for Arbitration and Mediation (BICAM), China International Economic and Trade Arbitration Commission (CIETAC), Maldives International Arbitration Centre (MIAC), and the Asian Institute of Alternative Dispute Resolution (AIADR) at the Asia ADR Summit in Kuala Lumpur, Malaysia.

By signing these Memoranda of Understanding, the institutions have shown a united commitment to encouraging international arbitration through shared knowledge and resources. It also paves the way for collaborative efforts including conferences, workshops, and training programs centered on international arbitration and other dispute resolution methods.

About the Institutions

Left to right- Sitesh Mukherjee, CEO, IAMC Hyderabad; Datuk Roger Chin, Council Member, BICAM

Borneo International Centre for Arbitration and Mediation (BICAM), established in 2023, is dedicated to providing top-tier arbitration and mediation services in the region. Located at the Sabah International Convention Centre in Kota Kinabalu, it is easily accessible to both local and international clients. BICAM focuses on efficiently and cost-effectively resolving business disputes.

Left to right- Sitesh Mukherjee and Brad Wang, Deputy Secretary General, CIETAC

Established in 1956, the China International Economic and Trade Arbitration Commission (CIETAC) is a one of the major permanent arbitration institutions globally. Headquartered in Beijing, CIETAC has 13 sub-commissions in major Chinese cities and three overseas branches in Hong Kong, Vienna, and Vancouver. CIETAC and its sub-commission centres use the same rules and panel of arbitrators to provide independent, impartial and efficient arbitration services for Chinese and international parties. 

Left to right- Sitesh Mukherjee, CEO, IAMC Hyderabad; Ma Asha Luthfee, Board Member, MIAC

The Maldives International Arbitration Centre (MIAC) is an independent government institution established under the Maldives Arbitration Act (Act No. 10/2013). It is the first and only arbitration service provider in the Maldives. Founded in 2019 and opened to the public in January 2020, MIAC offers modern facilities. It aims to promote arbitration as a cost-effective and efficient dispute-resolution method for businesses and investors.

Left to right-Tariq Khan. Datuk Professor Sundra Rajoo, President, AIADR; Sitesh Mukherjee, CEO, IAMC Hyderabad; Huon Soknymph, President, ADR Researchers Cambodia; Samrith Kaur, council member, AIADR

The Asian Institute of Alternative Dispute Resolution (AIADR) was established on April 17, 2018, as a not-for-profit member-based institution in Kuala Lumpur, Malaysia. AIADR promotes ADR practices through affordable education and professional development, starting in Asia and Africa and expanding globally. AIADR serves as a think-tank for developing jurisprudence related to swift and private dispute settlement.

The International Arbitration and Mediation Centre (IAMC), Hyderabad was established in 2021 as a public charitable trust by the then Chief Justice of India. It has emerged as a leading institution for arbitration and mediation, committed to cost-effective and timely dispute resolution. IAMC is guided by a distinguished Board of Trustees and an autonomous Governing Council of legal luminaries, industry veterans, and ADR experts from India and abroad.

These Memoranda of Understanding mark an important move towards building a more unified and strong global ADR community. IAMC in collaboration with these institutes aims to facilitate knowledge exchange, improve professional development, and promote best practices in arbitration and mediation.

On signing these MoUs, Tariq Khan, the registrar of IAMC, Hyderabad said, 

“This is a historic moment, and Asia is now set to lead the evolution of global arbitration practices.” 

IAMC Hyderabad

Asian Institute of Alternative Dispute Resolution

China International Economic and Trade Arbitration Commission

News

UPSC aspirants death: Tis Hazari court sends five accused to judicial custody for two weeks

Three students had lost their lives after being trapped inside the library in the basement of Rau’s IAS Study Circle, which flooded after the single biometric entry and exit point failed because of flood water.

Flooded Roads

Ratna Singh

Published on: 

29 Jul 2024, 9:36 pm

2 min read

Delhi’s Tis Hazari Court on Monday sent five accused persons to 14 days of judicial custody in connection with the drowning of three UPSC aspirants in the basement of Rau’s IAS coaching center in the national capital.

Three students had lost their lives after being trapped inside the library in the basement of Rau’s IAS Study Circle, which flooded due to rain after the single biometric entry and exit point failed because of flood water.

According to eyewitnesses, the basement filled with 10-12 feet of water almost immediately, leaving students no chance to escape. Rescue operations began shortly after the incident was reported.

The police later arrested seven persons. Two were sent to judicial custody on Sunday.

Five others were produced before the court today.

Four of the accused are co-owners of Rau’s coaching centre while one is the driver of a car which had passed by along the street.

The driver was arrested on the ground that he drove through the flooded road causing the water to swell and break down a gate of the coaching centre and flood the institute’s basement.

After hearing the counsel for the parties, the court remanded all five to 14 days of judicial custody.

Their bail pleas will be heard on Tuesday.

The counsel representing the arrested driver argued that the road was not closed, and the accused was driving along the center of the road.

He further stated that the traffic inspector, Municipal Corporation of Delhi (MCD), and PWD officials have not been arrested and only common man have been detained to appease the media and create an impression of action.

The counsel emphasized that there was no prohibition to drive on the road, the water level was only 2.5 feet high and the vehicle’s speed was only 15 kilometer per hour.

The counsel representing the other four accused argued that the essentials of Section 102 (culpable homicide) of the Bharatiya Nyaya Sanhit (BNS) were not fulfilled in the present case.

Further, it was argued that the responsibility for ensuring the safety of the children was on the lessee (coaching owner), who had already been arrested.

Additionally, the counsel highlighted that none of the actual culprits from the civic agencies have been taken into custody.

MCD

Delhi rains

UPSC Aspirants’ Death

News

Bar shares dais with Bench in Supreme Court to hear 315 Lok Adalat matters

The Supreme Court of India is organising a Special Lok Adalat week from July 29 to August 02.

CJI Chandrachud alongwith Justices JB Pardiwala, Manoj Misra and SCBA President Kapil Sibal along with President of SCAORA Vipin Nair

Debayan Roy

Published on: 

29 Jul 2024, 8:24 pm

3 min read

The Supreme Court’s Special Lok Adalat week to commemorate the 75 years of India’s top court, began today.

A total of 315 cases were listed before seven benches of the apex court. The Lok Adalat week will continue till August 2.

In a video message released recently, Chief Justice of India (CJI) DY Chandrachud said the Lok Adalat is part of a series of activities which the Supreme Court is observing to commemorate the 75th year since establishment of the Supreme Court.

“Most significantly, we are all judges, as people dedicated to the institution of justice, concerned about the large backlog of cases. The Lok Adalat represents a very informal, technology-based solution to resolve cases involving our citizens to their satisfaction in a purely voluntary consensual mode,” he said.

Crowd in a courtroom where Lok Adalat proceedings were held.

The first Lok Adalat court had CJI Chandrachud, Justices JB Pardiwala, Manoj Misra, Supreme Court Bar Association (SCBA) President Kapil Sibal and President of Supreme Court Advocates-on-Record Association (SCAORA) Vipin Nair on the bench.

Lok Adalat 1, Supreme Court

Court 2 saw Justices Sanjiv Khanna, KV Viswanathan with SCBA Vice President Rachna Srivastava and SCAORA Vice President Amit Sharma on the bench.

Lok Adalat 2, Supreme Court

Court 3 had Justices BR Gavai and MM Sundresh with SCBA Secretary Vikrant Yadav and SCAORA Secretary Nikhil Jain on the bench.

Lok Adalat 3, Supreme Court

Court 4 had Justices Surya Kant and Ujjal Bhuyan with Senior Advocate VV Giri and Advocate K Parameshwar on the bench.

Lok Adalat 4, Supreme Court

Court 5 had Justices Hrishikesh Roy and PS Narasimha and Senior Advocate PS Patwalia along with advocate Shadan Farasat.

Lok Adalat 5, Supreme Court

Court 6 comprised Justices Abhay S Oka and Dipankar Datta along with Senior Advocate Huzefa Ahmadi and advocate Gaichangpou Gangmei on the bench.

Lok Adalat 6, Supreme Court

Court 7 had Justices Vikram Nath and PB Varale conduct the proceedings along with Senior Advocate Madhavi Divan and advocate Balaji Srinivasan.

Lok Adalat 7, Supreme Court

In at least three notices issued earlier, the Supreme Court had revealed that over 14,000 cases have been identified for consideration during the Special Lok Adalat week.

The Court has also provided separate dedicated video conference (VC) links for Special Lok Adalat.  

Supreme Court of India

75 years of Supreme Court

Special Lok Adalat Week

Corporate & In-House News

It’s official: Manan Lahoty and 8 Capital Markets Partners to join Cyril Amarchand Mangaldas

IndusLaw has released an official statement confirming the development.

Capital Markets Team

Pallavi Saluja

Published on: 

29 Jul 2024, 8:14 pm

1 min read

As reported earlier this afternoon, IndusLaw Partner Manan Lahoty and his team of eight partners is joining Cyril Amarchand Mangaldas (CAM).

The 8 Partners joining Lahoty at CAM are:

Abhiroop Lahiri

Abhyuday Bhotika

Anshul Roy

Manshoor Nazki

Priyadarshini Rao

Puneet Passi

Ravi Dubey

Vishal Yaduvanshi

IndusLaw has released an official statement confirming the development. Founding Partners Gaurav Dani and Suneeth Katarki stated,

“While it is a loss, we wish the team well. In the industry, all major firms including IndusLaw are fighting for talent and we are having to deal with it like other firms. We look forward to maintaining a cordial relationship and collaborating in the future.”

On his move, Lahoty commented,

“As I look forward to new pastures and opportunities, I thank INDUSLAW for all the support I have received during my time here. I have full faith in INDUSLAW’s strength and story and wish the firm continued success.”

If you would like your Deals, Columns, Press Releases to be published on Bar & Bench, please fill in the form available here.

Cyril Amarchand Mangaldas

IndusLaw

Manan Lahoty

barandbench

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